# Legal malpractice

> Legal malpractice is a lawyer's failure to use reasonable skill and care, causing the client a loss, such as a missed deadline. See what it takes to prove.

Canonical page: https://accidentclaimfacts.com/glossary/legal-malpractice/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Legal malpractice is a lawyer's failure to use the skill and care a reasonable lawyer would use, causing the client a loss. A classic example is missing a filing deadline.

## In a car accident claim

In a crash case, the costliest mistakes usually involve time: letting the statute of limitations run out, or missing a short notice of claim deadline for a claim against a government vehicle. Others include settling without the client's approval; under the ABA's model rules, the client decides whether to settle.

To win a malpractice claim, a client generally must show a lawyer-client relationship, a breach of the lawyer's duty of care, and that the breach caused a real loss. That often means proving the original crash claim would have succeeded. A disappointing result alone is not malpractice.

Malpractice is a civil claim for money. It is separate from an ethics complaint, which goes to the lawyer disciplinary agency in the state where the lawyer is licensed. Our guides to [changing lawyers](https://accidentclaimfacts.com/choosing-a-lawyer/changing-lawyers/) and [red flags](https://accidentclaimfacts.com/choosing-a-lawyer/red-flags/) cover the warning signs, and you can [check a lawyer's license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) and discipline record.

## Example

> **Example:** A lawyer agrees to handle a crash claim but never files the lawsuit, and the deadline passes. The client can no longer sue the other driver. A second lawyer reviews whether the client has a malpractice claim, which would require showing that the original claim would have succeeded.

## Related terms

- [Statute of limitations](https://accidentclaimfacts.com/glossary/statute-of-limitations/)
- [Substitution of counsel](https://accidentclaimfacts.com/glossary/substitution-of-counsel/)
- [Client trust account](https://accidentclaimfacts.com/glossary/client-trust-account/)

## FAQ

### Is losing my case legal malpractice?

Not by itself. A lawyer can do competent work and still lose, or get less than the client hoped. Malpractice requires a failure of reasonable care that caused a loss.

### How long do I have to bring a legal malpractice claim?

Each state sets its own deadline, and it can be shorter than for other claims. A different lawyer in your state can tell you which deadline applies and when it started.

## Sources

- [Cornell LII Wex, Legal malpractice](https://www.law.cornell.edu/wex/legal_malpractice) — definition and the elements a client must prove
- [American Bar Association, Model Rules of Professional Conduct, Rule 1.2(a)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_2_scope_of_representation_allocation_of_authority_between_client_lawyer/), checked October 29, 2026
- [American Bar Association, Center for Professional Responsibility, Consumer FAQs](https://www.americanbar.org/groups/professional_responsibility/resources/resources_for_the_public/consumer_faqs/), checked October 29, 2026